Union Organizing Drive at UNH - Questions and Answers

Please be aware that option (1) reflects a recent change in NH state statutes. In either case if the union wins an election or becomes the authorized representative without an election, depending on what the card says, your signature may also mean that you have agreed to join the union and pay dues. The terms under which you may be required to remain a union member and pay dues or a collective bargaining service fee will depend on such factors as the wording of the card you sign, the contract the union negotiates with the University, and/or the union constitution.

Q: How many votes does it take for a union to win if there is an election?

A: A union wins an election by getting a simple majority (50% plus one) of the votes cast. For example, if there are 200 employees in the bargaining unit, but only 100 employees vote, it takes 51 votes to win the election.

Q: If I am not in favor of the union, can I express my disinterest by not voting?

A: If there is an election, the result of the election is determined by a simple majority of the number of people, who do vote, not by a majority of the people in the bargaining unit. Therefore, the only way to express your opinion, either for or against the union is to exercise your right to vote.

Q: If there is a union election, will anyone be able to tell how I voted?

A: If an election is held, it will be by secret ballot. No one will be able to tell whether you voted for or against union representation.

Q: How does a union become recognized?

A: There are several steps in the recognition process:

1. Generating Interest -- A union will first attempt to generate interest among a group or groups of employees who share a “community of interest.” A community of interest may be as broad as “all non-represented staff employees at the University of New Hampshire” or it may be a more limited grouping of employees who perform a similar body of work.

2. Election Petition -- If a union can demonstrate proof that at least 30% of the employees who share a community of interest wish to be represented by a union, by submitting union cards (or petitions) signed by at least 30% of the employees in the community of interest, the union can petition the Labor Relations Board to hold an election. The union must also submit a list of the employee positions in the proposed community of interest, even if the union has not been able to obtain signatures from all of those employees. The University must then submit a list of names of the persons holding those positions.

Majority Petition (No Election) -- If the union can demonstrate that a majority (more than 50%) of employees who could be in the union signed cards, the union can be deemed the authorized representative by the NH Public Employee Labor Relations Board without an election.

3. Voting Eligibility -- Once the signatures and position lists are filed with the Labor Relations Board, the University will have a specified period of time, not more than 15 days, to respond to the union’s election petition. According to law, “managerial” and “confidential” employees are not eligible to join a union and thus cannot vote in an election. “Confidential” employees are those who have regular access to sensitive and/or confidential information. “Supervisory” employees, while eligible to join a separate union, cannot belong to the same bargaining unit as the employees they supervise. The University has the right to challenge any employee and/or position on the union’s list as “managerial,” “confidential,” or “supervisory.” If the union and the University cannot agree on the list of employees eligible to vote in the election, the Labor Board will hold hearings regarding the employees/positions in dispute. The ruling of the Labor Board is final and will determine the roster of employees who are eligible to vote in the election. The list of employees eligible to vote will be posted well in advance of an election.

4. Election -- In the case of an election the Labor Board is responsible for holding the election. The election can occur up to six months or longer following the Labor Board’s final ruling on the list of employees who are eligible to vote. If the union wins the election, the University must recognize the union as the sole representative for all of the employees in the bargaining unit whether or not they signed a union card or voted in the election.

Q: I read that the AFSCME organizer was quoted in the paper as saying, "It's nice to not have to go to elections anymore." What did she mean? (Q & A added on 3/3/08)

A. She probably meant that AFSCME does not want to give UNH employees the opportunity of voting in a secret ballot election to decide if they want to be represented by the union. Instead, AFSCME is apparently interested in signing up enough employees so they can file a petition for a Written Majority Authorization. This would allow them to represent a bargaining unit without an election. While a union can now do this under a new state law that was passed last fall, the option for democratic union elections are still provided for under the law.

Q: How long will this union activity last? (Q & A added on 2/29/08)

A: That is up to the unions; the law places no limits on how long a union can take to organize an employer. However, most unions will cease their activity if they are unable to secure enough support from employees. From time to time unions have tried to organize UNH employees but our employees have not been interested and the unions eventually ceased their activity. It is also worth noting that any union cards that employees sign that are used to support a petition for an election or to support a petition for Written Majority Authorization cannot be more than six months old.

Q: Are these two unions targeting all groups of staff at UNH or are they focused on just one (for example, just OS, or just facilities staff)? (Q & A added on 2/29/08)

A: Again, it is not clear that either union has targeted a specific group. It appears at this point that they have cast their nets across both OS and PAT groups.

Q: What do staff need to do if they have signed a union card and now wish to withdraw it? (Q & A added on 2/29/08)

A: We take no position on whether you should or shouldn’t withdraw your support for a union -- that is a matter entirely up to you. But should you decide you wish to cancel the card you signed, you should contact the union and ask it to return the signed document to you. You may also want to contact the New Hampshire Public Employee Labor Relations Board -- that is the state agency that oversees these matters for public sector employees in our state -- their web site is: http://www.nh.gov/pelrb/; and their telephone number is: (603) 271-2587. They can answer any questions you may have about this question.

Q: Is it accurate to say that negotiations always begin with a blank slate, and therefore the current compensation and benefits packages might be in or out? (Q & A added on 2/7/08)

A: In terms of working conditions, with the exception of rights established by federal and state statutes, negotiations begin with a blank slate. All terms and conditions of employment including compensation and benefits are open for negotiation in a unionized environment. Whether your current benefits will stay the same or change cannot be predicted prior to the conclusion of the bargaining process and adoption of the contract.

Q: If the Union is voted in, do I have to accept it? In other words, will I be forced to join even though I didn’t sign anything or vote on it? (Q & A added on 2/6/08)

A: If the NH Public Employee Labor Relations Board certifies that your position is part of the bargaining unit, and the union wins an election or is the certified representative by virtue of majority petition, you will be represented by the union regardless of whether you voted in favor or signed a petition. Once a collective bargaining agreement is in place you will be covered under the terms of the agreement. You may or may not be subject to dues.

Q: Union representatives have come to my home repeatedly. Can the University do anything about this? (Q & A added on 3/5/08)

A: Truthfully, we cannot tell the union representatives to stop contacting you at your homes in the evening, but I do urge you to contact the AFSME and UAW reps directly and tell them.

Q: One of the things that really caught my eye with the materials that were sent to my home with the union card was that monthly dues would be approximately $30. For me, that is significant. If more than 50% of the staff sign union cards, does that require the rest of us to join and pay these dues? (Q & A added on 3/5/08)

A: First of all, you only have to worry about paying union fees or dues if a union is successful-- that is, if it is certified by the Labor Board either through an election or if the union organizers are able to get more than 50% of the staff in an appropriate unit to sign authorization cards. But if the union is successful, then there are some key points to remember:

There is a real likelihood that you may, as a condition of employment, have to pay money to the union every month either in the form of union dues, or in the form of an agency fee (sometimes called a “collective bargaining service fee” or “agency service fee”). The agency fee would be slightly less than the full amount of dues and would be for those employees who chose not to join. You may have to pay such fees because almost all unions will demand at the bargaining table a provision in the contract that all bargaining unit members –whether they supported the union or not – either pay union dues or an agency service fee to the union as a condition of employment. These provisions appear in most collective bargaining agreements, including, for example, the collective bargaining agreement that our own UNH faculty have. Faculty at Keene State College have similar provisions in their union contracts.
Union dues and other fees are determined solely by each union, and not by the University. The rules for determining how these fees are set and how they may be increased are governed by the applicable union. The University does not have any control over how high the Union dues or fees may be. Like any other organization, unions need money to pay for their own employees, agents and lawyers and to meet their other expenses. And like anything else, these dues and fees can (and are likely) to go up over time.

WORKPLACE GUIDELINES

Q: I have been visited by union representatives at my home, does the University provide home address information?

A: The University does not release home address information without employee consent and we did not release home address information in this instance. The University of New Hampshire is a public employer and as such we are subject to the New Hampshire Right to Know Law which defines many of our records as public information. Such information may include but is not limited to employee names, title, department and salary information. Again, this does not include home addresses.

Q: What rights do I have if union representatives visit me at home?

A: You are free to speak with or refuse to speak with union representatives who visit you or call you at home. There is no law or policy that requires employees to speak with union representatives either at home or at work, and you are free to respond accordingly.

Q: Can union organizers speak with a staff member during regular work hours if the organizers first ask if she or he has a minute to talk?

A: No. Union organizers - whether UNH staff or outside individuals - cannot disrupt the normal University business and operations. They may only approach staff before and after working hours and during customary staff breaks, such as meal times.

Q: What limitations can be placed upon union organizers who solicit employees at work?

A: As mentioned previously union organizers - whether UNH staff or outside individuals - cannot disrupt the normal University business and operations. They may only approach staff before and after working hours and during customary staff breaks, such as meal times. USNH has a non – solicitation policy that applies to all workplace solicitations whether internal or external.

http://usnholpm.unh.edu/USY/V.Pers/D.13.htm

13. Non-work Related Solicitations.

13.1 The University System of New Hampshire also strives to provide a work environment free of non-work related interruptions. Faculty and staff are expected to engage in the work of the University System or USNH-sponsored activities during work time and in the work place, free from interruption, disruption, or distraction from sources unrelated to their work

13.1.1 As such, solicitation of or by faculty and staff on behalf of non-USNH entities during work hours and in the workplace is restricted to non-working hours and non-work space, such as a designated web site. Institutional level policy may permit the use of lunchrooms and/or other appropriate common areas for solicitation by, or on behalf of, appropriate non-USNH organizations so long as that activity does not interfere with the ability of faculty, staff, and supervisors to maintain a work environment appropriate to the conduct of USNH’s work.

Q: Can union organizers speak with staff members on University property?

A: They may do so on University property that is open to the general public, such as the Memorial Union Building and the Dimond Library. Organizers are not allowed to address staff members in restricted access areas such as laboratory spaces and residence halls.

Q: Are University employees who are interested in organizing allowed to use University office supplies, photocopiers, etc. to promote or support the union organizing effort?

A: University office supplies and equipment are to be used for University business purposes only. Employees may use the fee-for-service photocopiers located in various locations around the campus such as the library and MUB. Use of technological resources such as telephones, voice mail applications, desktop computers, computer networks and electronic mail applications, is covered by applicable USNH polices such as the “Acceptable Use For Information Technology Resources” policy http://usnholpm.unh.edu/UNH/VI.Prop/F.htm#5 and Non-Work Related Solicitations http://usnholpm.unh.edu/USY/V.Pers/D.13.htm

Q: Are employees allowed to wear buttons, T-shirts or other gear expressing support of a union in the workplace?

A: In general, employees are permitted to wear buttons to support or oppose a unionizing effort; however, if you work in an office where there are professional dress expectations, a t-shirt may or may not be considered appropriate dress.

Q: If the union wins an election or is the certified representative by virtue of majority petition at the university, can the union force its members to walk out on strike as a negotiation tactic? (Q & A added on 2/7/08)

A: The University of New Hampshire is a public institution and we are public employees. NH Labor Relations Law states, "strikes and other forms of job action by public employees are hereby declared to be unlawful."

Q: What role will the Staff Councils have if the union drive is successful? (Q & A added on 2/7/08)

A: While groups like the PAT, Operating Staff and Extension Educator Councils would not disappear, if the union wins an election or is the certified representative by virtue of majority petition, the union would be the legal and sole representative of all employees in the bargaining unit for all bargainable issues. In general, these issues are those relating to wages, benefits, hours, and working conditions. Staff councils cannot play a role that would usurp or be a substitute for the responsibilities that a union would have as the sole representative.

REPRESENTATION

Q: Can a supervisor and a supervisee in the same bargaining unit? (Q & A added on 2/29/08)

A: The Public Employee Labor Relations Act provides the following: "Persons exercising supervisory authority involving the significant exercise of discretion may not belong to the same bargaining unit as the employees they supervise."